Rosli Dahlan’s suit against MACC set for hearing on 28 February

Senior federal counsel Azizan Md Arshad, who represented the defendants, told reporters that on that day the court would hear an application by the 16th defendant, Abdul Rahman Abu Bakar, a manager at Bank Negara Financial Intelligence Unit, to strike out the suit.

In the suit, filed on Sept 16, 2009, Rosli named the owner and publisher of Utusan Malaysia Bhd, as the first defendant, followed by its editors, Mohd Zaini Hassan and Abdul Rahim Lajis.

Among the MACC officers named as defendants are its deputy chief commissioner Datuk Abu Kassim Mohamed (now chief commissioner) and deputy director of Investigations and Prosecution, Kevin Morais.

In the statement of claim, Rosli stated that his arrest by MACC was unlawful and the notice was served on him on July 17, 2007, despite the agency being aware that investigations on his client, former Bukit Aman Commercial Crime Investigation Department director, Datuk Ramli Yusuff, were ongoing at the material time.

He further alleged that a check on his financial position carried out by a Bank Negara officer under the Anti-Money Laundering Act was also improper.

The lawyer claimed that the MACC (formerly the Anti-Corruption Agency) opted to prosecute him despite his offer under oath to provide the details asked for in its notices to him.

Rosli alleged that on Oct 12, 2007, the eve of Aidilfitri, Utusan Malaysia published an article which defamed him.

However, the first four defendants from the newspaper had apologised and their public apology was published in the daily on April 14, 2008.

Rosli is seeking RM20 million in general damages and another RM30 million in exemplary and aggravated damages.